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1. There seems to be a move afoot in Pakistan to return it to a Presidential system of governance. 'Return' because this has been tried before and has failed. What has happened now to make it so attractive? I will try and do a thread on our Constitutional History.
2. When Pakistan was created in '47 by the British Indian Independence Act 1947, it did not have a Constitution. Muslim League had boycotted the Indian Constituent Assembly in 46 and demanded a separate one from the British.
3. The British Government approved the Muslim League's demand on 3rd June 47 & 1st Pakistani Constituent Assembly was convened on 11th Aug 1947, merely three days before independence.
4. The British Indian Independence Act 1947 established an independent constituent assembly for Pakistan (and India) with the mandate to (a) draft a constitution and (b) to act as the Parliament until the constitution had been adopted.
5. The British Indian Independence Act 1947 also stated that until the new Constitution was adopted, Pakistan (and India) would be governed by the Government of India Act 1935 and all British laws, in force in undivided India would remain applicable in Pakistan (and India).
6. Government of India Act 1935 envisaged a federation divided into provinces. The Governor General was the executive head of the Federation and was assisted by a Council of Ministers. Federal legislature was bicameral. Provincial executives &legislatures mirrored the federal.
7. India adopted its Constitution on 16th Nov 1949. Whilst some Articles came into force on 26th November 1949, the Constitution was fully effective from 26th January 1950. The Indian Constitution was modelled on he 35 Act with appropriate amendments to reflect Indian concerns
8. Pakistan remained without a Constitution until 1956. The 1956 Constitution was framed broadly along the lines of the 1935 Act. However, this Constitution was abrogated in October 1958 when General Ayub led a coup and came to power.
9. Upon taking over the governance of Pakistan, Ayub issued the Laws (Continuance in Force) Order on 10th Oct 1958 which suspended all fundamental rights but stated that otherwise the country should be governed as nearly as possible, in accordance with the 56 Constitution.
10. In 1962, Pakistan framed a second Constitution. Ayub's 62 Constitution dramatically altered the structure of the state. It established a unicameral legislature & adopted a Presidential form of government conferring extensive powers on the President.
11. However, in 69 even this Constitution was abrogated pursuant to a 2nd military takeover. As before, the military suspended fundamental rights but directed the new regime to govern the country, as far as possible, in accordance with the 62 Constitution.
12. The events of the next few years are well documented. In 1973 Pakistan acquired its 3rd Constitution. It had lost its Eastern Wing by then. The army was pushed back into barracks to an extent--Bhutto occupied a unique position: first as a civilian CMLA and then as PM
13. The 1973 Constitution restored the bicameral structure.President was designated head of State and PM head of the executive. The bicameral legislature comprising the upper house, ‘Senate’, and the lower house, ‘National Assembly’ was restored.
14. However the army was not satisfied and in 1985 it amended the Constitution to allow the President (Zia at the time) to dissolve assemblies by a Presidential order. The infamous Article 58(2)(b).
15. Why do we think that the unicameral Presidential structure that failed before will not fail again? Will it too lead to a coup and dictatorship as the earlier one did? And most importantly, who is it not working for?
